Catherine Connolly (Galway West, Independent)
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I will clarify for Deputy Nash that he has four minutes to speak or two minutes if he is sharing time, and one minute each afterwards for final reply if he is sharing. The first Topical Issue matter is in the name of Deputy McAuliffe.

Paul McAuliffe (Dublin North West, Fianna Fail)
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I thank the Leas-Cheann Comhairle. In the immediate aftermath of the election, the Taoiseach, Deputy Micheál Martin, said that there was an urgent need to provide the country with a functioning government. In outlining the many reasons why that was needed, he spoke very passionately about how parents of children with a disability must fight to secure a place each September for their children in primary and secondary school. Many parents of children with special needs are facing considerable difficulties in securing these places for their children and often, when they do get on the list, they have been waiting for many years.

I recently met the ASD Education for Finglas group and heard the harrowing stories of parents who were left in the dark, who had to scramble around contacting different schools and who often resorted to begging school principals. In my constituency of Dublin North-West, there is a severe lack of autism spectrum disorder, ASD, places both at primary and secondary school. At primary level there was one specialised class in the entire Dublin 11 area, which includes 19 primary schools, yet there are only three ASD units in that area. At second level the situation is even worse. There are seven second level schools in the area and only one has an ASD unit. Many parents are forced to send their children to education providers outside the area, which deprives children of growing up in the community where they have so many other resources. As I know the Minister of State believes, we need to incentivise more schools to provide ASD units and I understand that often, particularly in a DEIS area, this can make schools fearful about the resources that they have. Will the Department produce a five-year forecast of the current and future needs of special needs education places in the catchment area for each school and communicate that to the schools?

Under section 37A of the Education Act 1988, the Minister of State can direct a school to provide additional provision where all reasonable efforts have failed. I appreciate that we have to exhaust that process first. The legislation has been used to good effect in the recent past in south Dublin and I praise the Minister of State and the Department for that work. Many people in my constituency are asking whether, if it was appropriate to take that action on the south side of the city, similar action can be now taken on the north side. I urge the Minister of State to assist these parents in any way possible.

Josepha Madigan (Dublin Rathdown, Fine Gael)
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I take this opportunity, first, to congratulate the Leas-Cheann Comhairle on her appointment.

I thank the Deputy for raising this issue as it gives me an opportunity to outline the current position regarding provision for children with special needs including autism. Enabling children with special educational needs, including autism, to receive an education appropriate to their needs is a real priority for the Government and for me as Minister of State with responsibility for special education. Currently we know that almost 20% of the total education budget, €1.9 billion, is invested in supporting children with special needs. As a result, the number of special education teachers, special needs assistants and special class and school places are at unprecedented levels. Provision in our 124 special schools has increased from 6,848 placements in 2011 to 7,872 this year. Nationally, 167 new special classes opened in the 2019-20 school year, which means that there are 1,618 special classes in place compared to 548 in 2011.

Where new special education places are opened, there is a menu of supports provided to schools by the Department, including additional teachers, special needs assistants and professional development. Notwithstanding the extent of this investment, there are some parts of the country where increases in population and other issues have led to a shortage of school places for children with special educational needs. The National Council for Special Education, NCSE, has overall responsibility for co-ordinating and advising on the education provision for children nationwide. It has well-established structures in place for engaging with schools and parents. The NCSE seeks to ensure that schools in an area can between them cater for all children who have been identified as needing special class placements. Normally, special class and special school places are established with the full co-operation of the schools in areas where they are required.

However, as the Deputy has quite correctly pointed out, there are some parts of the country where the NCSE has faced challenges in getting schools and their patrons to provide new special class or indeed special school places. This can cause much anguish for parents and families involved. As the Minister of State responsible, as the Deputy has pointed out, I have power under section 37A of the Education Act to direct a school to provide additional provision where all reasonable efforts have failed. The legislation contains a procedure through which the capacity of schools in an area can be tested and through which ultimately, a ministerial direction can be made requiring a school to make additional special education provision available. While I am prepared to use the legislation when necessary to ensure that children can access a suitable education, my preference is for schools to engage with this challenge on a voluntary basis because this is the right thing to do for the children in their community.

The Deputy may be aware that the legislation was used for the very first time in 2019 in the Dublin 15 area. Significant progress has been made in that area on foot of action taken under section 37A. A new special school was established there and six schools also agreed to open special classes, thereby meeting the need for additional places in the area. The experience of Dublin 15 shows that real and practical challenges can be addressed by working together to provide additional special class and special school places.

The Deputy may also be aware that my Department and the NCSE is also continuing its engagement with schools, patron bodies, parents and others across south Dublin to bring the required additional special class and special school placements on stream and this work is ongoing.

As for Dublin North-West, the NCSE has advised that there are currently nine primary and three post-primary ASD classes established in the area. St. Paul’s special school in Beaumont also caters for students with ASD and in addition, the NCSE has established three new primary ASD classes, as well as two new post-primary ASD classes for the coming school year.

Paul McAuliffe (Dublin North West, Fianna Fail)
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I thank the Minister of State. At the heart of her reply, as well as the experience of any parents who sit before us at a clinic explaining their real urgency and frustration, is the issue of transparency. Many of those parents do not feel part of the process but feel they are subject to the process. Many do not believe there is transparency about how a school or ASD unit is established, or how a school avails of that process. We also really need to take into account the needs of the schools. Many of the schools I am talking about are in a DEIS area and have significant challenges, often with low enrolment numbers, with parents who may have an addiction issue, as well as members of minority communities. We have to do all we can to support those schools to opt in and to provide an ASD unit. I urge the Minister of State and her officials to do two things. The first is to help us exhaust the process of all reasonable efforts within the legislation and within her Department for the Dublin 11 area. If the Minister of State is saying at this point that she does not believe there is a need, then that is a separate argument that we can have.

If there is a need, we must exhaust all reasonable efforts and, hopefully, provide the places during that period. If we cannot provide them, I will come back to the Minister of State to urge her to direct the schools in the area to provide those ASD places.

Josepha Madigan (Dublin Rathdown, Fine Gael)
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I thank the Deputy. I reassure him that the legislative process that is under way is fully transparent. It is published on the departmental website where the Deputy can look at it at any stage. I do not disagree with him. I am aware that one particular child in Dublin North-West is looking for a place and that the NCSE is engaging regularly with the child's parents. While it is not ideal, there is an interim measure of a home tuition scheme. It involves approximately 20 hours per week for a child over the age of three and ten hours per week for a child under the age of three, but that is only an interim measure. As the first dedicated Minister of State with responsibility for special education, I am very mindful of a child not having a school place, which is a fundamental right for every child in this country. There has to be equal opportunity, regardless of whether a child has special needs, and I am determined to set out the way I will achieve that.

The Deputy mentioned forecasting. We are working on a forecasting model in the Department, which I hope will tackle this perennial problem. It did not just happen this year; it happened in other years also. Extenuating circumstances can arise during the year where a child may suddenly need a place. A new professional report can suggest a change in the type of placement required. Sometimes the parents decide that the child should remain in early years education or parents may opt for a mainstream class instead of a special class or special school. What pops up, therefore, is an additional place that a child needs. It is not as straightforward as some would like to believe. I would have been of the same view until I came into this Department but I am determined to assist in any way I can.